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Jon L. Barnes AZ - 8 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MR. JON L. BARNES - PROPERTIES WEST, INC. APPLICATION FOR ANNEXATION ABD ZONING A PORTION OF THE NE 1/4 OF THE HE 1/4 OF SECTION 18, TOWNSHIP 3 HORTH, RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO SOUTH OF FRANKLIN ROAD, WEST OF LOCUST GROVE ROAD MERIDIAN, IDAHO FINDIBGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on January 14, 1997 at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, a representative of the Applicant, Gary Lee, hereinafter referred to as the "Representative," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 14, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MR. JON L. BARNES - PROPERTIES WEST, INC. . 8 2. The property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein. The property is approximately 26.6 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is used as agricultural pasture land; the Applicant requests the property be zoned I-L, Light Industrial. 4. The Applicant intends to develop an upper end light industrial business park subdivision of 18 building lots and five common lots. The use of the lots will be specifically permitted uses under the I-L, Light Industrial,. zone as set forth in the present Zoning and Development Ordinance of the City of Meridian, Idaho, hereinafter referred to as the "Zoning Ordinance," or otherwise restricted by the Covenants, Conditions & Restrictions (CC&Rs) which the Applicant plans to present. The Applicant stated t.aat. the uses it will not allow on the property, and are thus restricted uses and which are restrictions to be imposed by the Applicant pursuant to the CC&Rs, are Asphalt & Concrete, Automobile Wrecking Yard & Storage, Fuel Yards, Junk Yard, Mobile Home Manufacturing, Railroad Yards & Shops, Recycling Plants, and Solid Waste Transfer Stations. The forgoing permitted uses are permitted uses, but will not be allowed on or at the property pursuant to the CC&Rs to be recorded with the final plat of the property. 5. In the application and at the hearing, the Representative requests that the conditional use process not be a condition of annexation. Applicant requested that the uses which are permitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MR. JON L. BARNES _. PROPERTIES WEST, INC. 8 8 uses in the I-L, Light Industrial zone pursuant to the Zoning Ordinance be permitted uses at the property without the necessity of securing conditional use permits; uses which are allowed by conditional use permit in the I-L, Light Industrial zone pursuant to the Zoning Ordinance would still require the necessity of securing a conditional use permit for such use pursuant to the Zoning Ordinance. The Applicant will consider entering into a development agreement with the City of Meridian to restrict the permitted uses of the property. The Applicant has one use planned for the property, and will have a controlled environment as to the development of the property. 6. The property is south of Franklin Road and approximately 500 feet west of Locust Grove Road. The surrounding properties are of mixed use: to the north are light industrial businesses; to the northwest a subdivision presently being marketed as industrial; across Franklin Road is a pumice block business which is industrial; to the north and northeast is the Doug Tamura property being zoned commercial general and light industrial; to the west, south and east of the property is not in the City and is zoned RT by Ada County; also there is property zoned Rl by Ada County, which is at the northwest corner and southeast corner of the property. 7. There currently exists six single family homès along the easterly boundary of the property situated on acreages ranging in size from one to three acres. There exists two single family homes on the westerly boundary, one of which is a rental mobile home which belongs to the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MR. JON L. BARNES - PROPERTIES WEST, INC. .~--- '---". 8. Mr. Jon L. Barnes, of Properties West, Inc. is the Applicant. Properties West, Inc. owns a portion of the property. Gary R. Little and Deborah A. Little own the other portion of the property. Gary R. Little and Deborah A. Little consented to the application and have requested and consented to the annexation of the portion of the property they own. The application is not at the request of the City of Meridian. 9. Ada County Highway District (ACBD) may submit comments and they shall be incorporated herein as if set forth in full when submitted. 10. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. The comments included: that the legal description for annexation included in the application appears to conform to all the provisions of the City of Meridian Resolution No. 158, and the requirements of the Idaho State Tax Commission; that any existing irrigation/drainage ditches crossing the property to be included in the project, shall be tiled per City Ordinance 11-9-605 M.; that the ditches to be piped are to be shown on the Preliminary Plat; that the plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing the project; that any existing domestic wells and/or septic systems within this project will have to be removed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MR. JON L. BARNES - PROPERTIES WEST, INC. . 8 turnaround design; that John Priester, the Ada County Surveyor, has recently indicated that it is not desirable to show these temporary turnarounds on the plats, because it is then a dedicated public right-of-way that must later be vacated; that Mr. Priester stated the best solution to this problem is - to record an instrument, either prior or after plat recordation, providing an easement for this purpose, and that the document would have a provision that the easement would automatically be rescinded when the streets are able to go through; that the Applicant has indicated in his preliminary plat Note No.9 that "improvements along E. Franklin Road (future) will be Road Trusted and constructed by Ada County Highway District at a later date;" that the Applicant is to install a five-foot-wide detached sidewalk along the Franklin Road frontage at this time ahead of the Ada County Highway District reconstruction; that a 20 feet wide planting strips are required to be placed adjacent to all residential properties in accordance with City Ordinance Section 11-9-605 G.; that a planting strip needs to be added on the westerly boundary of the property; that the planting strip shall not. be a part of the normal street right-of-way or utility easements; that any contractor's yards proposed must be located a minimum distance of 300 feet from any residence, except for an owner's residence, have a screening fence erected around areas utilized for storage of equipment, wi th the areas limited to storage, maintenance and processing incidental to contracting work; that lighting shall be designed so as not to cause glare or impact adjacent residential properties, as determined by the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MR. JON L. BARNES - PROPERTIES WEST, INC. 8 8 Meridian; that the Meridian Comprehensive Plan states that all uses within this Mixed/Planned Use Development Area shall be developed as a planned unit development under the conditional use process which will be particularly important if the proposed zoning is approved because of the possibility of. adverse impacts on adjacent residential properties; and that the potential for incompatible uses is great if the I-L, Light Industrial, zoning is approved without stringent development guidelines being imposed. 11. The Meridian Police and the Nampa & Meridian Irrigation District submitted comments which are incorporated herein as if set forth in full. 12. The Meridian Fire Department submitted comments which are incorporated herein as if set forth in full. These comments included: that there is only one way in and out of the complex; that as long as all codes, number of hydrant requirements, and water supply requirements are met, the Meridian Fire Department will not have a problem. 13. The Central District Health Department submitted comments which are incorporated herein as if set forth in full. These comments included: that after written approval from the appropriate entities are submitted, it can approve this proposal for central sewage; that plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality; that it recommends that the first one half inch of storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MR. JON L. BARNES - PROPERTIES WEST, INC. 8 8 to groundwater and surface water quality; and that the engineers and architects involved with the design of the project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 14. The Representative stated that the proposed improvements that the Applicant is identifying are the roads, water, waste water collection facilities, storm drain facilities and pressurized irrigation. The Representative further stated that in addition to the foregoing improvements there will be a landscaped common lot along Franklin Road, 35 feet in width, a landscaped entry island into the project and there will be a landscaped buffer strip along the easterly boundary 20 feet wide. 15. The Representative stated that the building which the Appliçant envisions constructing is intended to be of light industrial use that would lend to a small business operation that somewhat needs a store front and also a requirement of a storage area in the rear. 16. The Representative stated that the Applicant had a couple neighborhood meetings with the adjoining property owners, and invitations were sent to the property owners within 300 feet of the property; that the Applicant had an occasion to meet wíth a couple of the property owners on a one on one basis and reviewed some of the concerns they had previously expressed. The Representative stated that they discussed the irrigation system that is an existing ditch that will be piped. The ditch, in its state today, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MR. JON L. BARNES - PROPERTIES WEST, INC. 8 8 has caused leakage problems and contributed to flooding of basements to the east side of the property. they can alleviate some of that problem. By piping the ditch, 17. The Representative, on behalf of the Applicant, responded by letter dated January 13, 1997, to the submitted comments of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator. .Said response of the Representative are hereby incorporated herein as if set forth in full. 18. with regard to the Applicant's request that the conditional use process not bea condition of annexation, the Representative stated that this development will not be a mixed use development, but a single use development. The particular uses have been identified, and they will identify controls. The Representative stated that the conditional use permit requirement will place the developer at a disadvantage when competing with the developer across from the property; there exists industrial uses within the City of Meridian which do not require conditional use processes; and consistent with a statement in the comprehensive plan, they are attempting to develop business atmosphere and to create jobs, increase economic base and other things which the City is desiring. 19. In response to a question of Commissioner MacCoy concerning control over building construction, the type and color of the material used, the Representative stated that there will be an architectural control committee established, and they have FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MR. JON L. BARNES - PROPERTIES WEST, INC. 8 8 identified building material to be used and the types of products to be used in the development. The construction will need the approval of the architectural control committee, including landscape plans, site plan and building materials. The intent is to try to have the same feel throughout the project as created in the entrance. They will keep full control of everything until the last lot is sold. 20. Jim Boyd stated to the Commission that he is in the commercial real estate business and has specialized in industrial real estate for 19 years in the Boise area. Mr. Boyd stated that he believes the project the Applicant is proposing goes well beyond the developments seen in the past with the exception of the one like Central Valley. The restrictive covenants used by residential developments are good for this type of project. The restrictive covenants make the project viable not only during the selling phase, but viable and workable into the future. The architectural control committee cannot be dictatorial because of different products coming into the market; however, it provides for consistency in the project. Mr. Boyd believes there is a need for this type of project; it offers a nice affordable environment for small businesses. 21. Mr. Boyd stated that he would like to see the conditional use process not be a condition of the project. The conditional use process puts the development at a disadvantage. 22. There was testimony at the hearing objecting to the application which was principally as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MR. JON L. BARNES - PROPERTIES WEST, INC. 8 8 a. Jim Witherell testified that the difference between this project and other properties is that the project immediately adjoins housing. When the City of Meridian adopted its Comprehensive Plan it adopted some very good standards which include the following: the adjoining property owners cannot lose property value, cannot lose water, cannot suffer damage, and cannot incur health risks. For this reason, light industrial is in segregated areas; areas in which there are no housing. The property has Rl housing on both sides. His house is with 12 feet of the property line. The house on the west side is within one foot of the property line. Mr. Witherell desires the conditional use process to be a condi tion of the approval Of the application. As adjacent property owners, they look at landscaping from the rear, whereas the landscaping is designed from the front. From the rear, the landscaping is a chain link fence and a couple of trees. Based upon definition or logic, the application has to be denied because no amount of landscaping and conditional use restrictions can quiet industrial noise, dim industrial lighting or prohibit heal th or safety risks to residential areas. The proposed covenants, conditions .and restrictions do not provide protection because they do not provide standards, only statements. In response to questions from Chairman Johnson and Commissioner Borup, Mr Witherell stated that he does not object to development of the property, but objects to the proposed zoning and use. b. Ann Witherell testified that if the property is developed as light industrial there will be constant noise. She testified the noise created by traffic and vehicles based upon statistics, and based upon the statistics concerning noise, the proposed industrial park creates a health risk and property values will decline. In response to Commissioner Oslund's question, Ann Witherell stated that the statistics are compiled by the Federal Bureau of Transportation. c. Ted Hanson stated that he had several questions which were not addressed. These questions included whether permission from the Corps of Engineers for a filtration system adjacent to Franklin Road .and whether the usage of the property would be 24 hours a day which would increase the noise level at night. d. Robert R. Smith testified that during the development of the property, they will be adversely affected by dust, noise and pollutants during construction. They will need a buffer because his and other neighboring properties adjoin the property. Their FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MR. JON L. BARNES - PROPERTIES WEST, INC. . 8 backyards adjoin the property and they spend a lot of time in their backyards. 22. The Representative testified in response to Mr. Hanson's testimony, Mr. Smith's testimony and the witherell's testimony as follows. Irrigation from the property has historically run north. The water drains into a drainage that crosses Franklin Road, and then through a natural drainage into the Five Mile Creek on the north side of Franklin Road. The policies. of Nampa & Meridian Irrigation District, the City of Meridian, and Ada County Highway District in the design of storm water facilities are to permit the existing amount of discharge to continue after development. However, Ada County Highway District,. the City and Corp of Engineers have guidelines for the quality of the discharge water. The rates of flow will be in accordance with the current regulations and codes. The approval of the Corp of Engineers comes in the final design phase of the first final plat along with other issues. With regard to Mr. Smith testimony, there exist requirements imposed upon them; dust will be minimized through the availability and use of water trucks; trash fences will be constructed to contain building materials which may be blown from the property. It does not matter if construction occurs on the property, there will be such a phase of the development of the property. with regard to the Witherell's testimony, they are concerned about the health and well being of the neighbors. They will make every effort to prepare the designs and seek the approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MR. JON L. BARNES -- PROPERTIES WEST, INC. . . regulatory agencies having control over the project. There exist agencies to control the use of the lots after construction. They do not intend to build anything in the project that is not in accordance with currently adopted regulations and standards. 23. In response to questions of. Commissioner MacCoy, the Representative stated that he has read nothing in the covenants, conditions and restrictions concerning the restriction of noise, but such could be added if the City so desired. 24. There was comment and discussion between the Commission, the Representative concerning the proposed plat and design for the development of the property. 25. The Representative further testified that there are other areas in which light industrial borders residential area.s. One of these areas is a stretch along Emerald Street between Five Mile and Maple Grove, and there is no buffer strips at all. These areas have managed to make the uses compatible, and it seems to work just fine. 26. Mr. Smith testified in response to the Representative's comments concerning the bordering of light industrial and residential. Mr. Smith's testimony included that he is retired from Idaho Power. That while working for Idaho Power, he~ worked to restore a power outage at Sears computer industry, because of the noise. There is a conflict because of the uses of the respective areas during different hours of a day. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MR. JON L. BARNES - PROPERTIES WEST, INC. e i8 27. George and Mary Ann States submitted a letter concerning this application, which letter is incorporated herein as if set forth in full. 28. Monte c. McClure submitted a letter concerning this application, which letter is incorporated herein as if set forth in full. 29. Archie T. and Ernistine Roberson ,James N. and Ann C. Wi therell, Gene and Vernadene pressJ.ey, and Robert R. and Jeri Smith, submitted a letter objecting to this application, which letter is incorporated herein as if set forth in full. 30. There were no other comments by the public regarding this application. 31. The property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 32. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 33. The property can presently be physically serviced with city sewer and water. 34. The following pertinent statements are made in the Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic Development Goal statement. 1. Policies 1.1 The city of Meridian shall make every effort to create a positive atmosphere which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MR. JON L. BARNES - PROPERTIES WEST, INC. 1.2 1.3 * * * * 1.5 * * * * 1.8 . 8 encourages industrial and commercial enterprises to locate in Meridian. It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. . Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19. 35. The following pertinent in the statements are made Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES. 3.1 Industrial development within the urban service planning area should receive the highest priority. * * * * Access to industrial areas from collector and local streets will be discouraged. Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.3 3.4 3.5 Industrial development should be encouraged locate adjacent to existing industrial uses. to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MR. JON L. BARNES -PROPERTIES WEST, INC. 3.6 3.7 3.8 3.9 e - Industrial areas should be located within proximity to major utility, transportation and services facilities. Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U. S. Environmental Protection Agency. - Industrial uses which require the storage or production of explosive or toxic materials should be excluded from any area which has a potential of flooding from natural runoff or canal breakage. Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 3.11 3.12 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Councilor designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas. Eastern-Eaqle Road Liqht Industrial Review Area. 3.13 It is the policy of the City of Meridian to encourage and promote the development of an overpass at the intersection of Locust Grove Road and I-84 by the Idaho Department of Transportation 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MR. JON L. BARNES - PROPERTIES WEST, INC. -f 8 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.16U Land uses within the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements. 3.17U It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. COMPREHENSIVE PLAN CITY OF MERIDÌAN at page 24 - 25. 36. In the Meridian Comprehensive Plan under TRANSPORTATION, Franklin Road, East of Meridian Road, and Eagle Road, North of Overland Road, are designated as Principal Arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at pa~e 43. 37. In the Meridian Comprehensive Plan under COMMUNITY DESIGN, Entryway Corridor, Franklin Road (East and West entrances) and Eagle Road (North and South entrances) are designated gateway arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72. The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following statements under COMMUNITY DESIGN relative to entrance corridors: Entrance Corridors Goal statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. 4. Policies 4.1U Jointly plan entryway corridors to Meridian with Nampa and Boise. 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive regulations, and zoning to Plan, subdivision discourage strip FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MR. JON L. BARNES - PROPERTIES WEST, INC. .. 8 development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73. 38. The property is included within an area designated on the Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY OF MERIDIAN as Commercial. 39. The requested zoning of Light Industrial (I-L) is defined in the Zoning Ordinance at 11-2-408 B. 14. as follows: (I-L) Liqht Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 40. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MR. JON L. BARNES - PROPERTIES WEST, INC. . . CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section -11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. All notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the city of Meridian, and thé annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MR. JON L. BARNES - PROPERTIES WEST, INC. . 8 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements; Section 11-9-605 M., which pertains to the tiling of ditches and waterways; and 11-9-606 14., which requires pressurized irrigation. 10. The Applicants stated that it intends to develop an upper end light industrial business park subdivision of 18 building lots and five common lots. Any uses would have to comply with the Zoning Ordinance. 11. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. It is concluded that the City could annex the property and zone it (I-L) Light Industrial, but once the property was zoned (I-L) Light Industrial, the Applicants could place many different uses on the property without additional approval from the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MR. JON L. BARNES - PROPERTIES WEST, INC. . 8 other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 13. It is concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 14. As the COMPREHENSI~E PLAN CITY OF MERIDIAN provides under LAND USE, Eastern-Eagle Road Light Industrial Review Area, in 3.14 and 3.16U, at page 25, the character, site improvements and type of light industrial developments should be harmonized with the residential uses in the area; that land uses in the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements; and that because the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the property shall be under the conditional use permit process. 15. It is concluded that the property should be annexed and zoned (I-L) Light Industrial, but only capable of being developed under the conditional use permit process. 16. As a condition of annexation and the zoning of (I-L) Light Industrial, the Applicants shall be required to enter into a development agreement as authorized by 11-2-4l6 L and'II-2-4l7 D; that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2l. MR. JON L. BARNES - PROPERTIES WEST, INC. g. h. i. k. l. m. . e b. Payment by the Applicants, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees, for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; Submission and approval of any required plats; f. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; Harmonizing and integrating the site improvements wi th the surrounding residential development and other development; Establishing the 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same; j. Addressing the comments of the Assistant to the City Engineer and Planning and Zoning Administrator; The sewer and water requirements; Traffic plans and development; and into and of out access any Any other items deemed necessary by the City Staff, including. design review of all development, and conditional use processing. 17. Section D of the Meridian Zoning Ordinance 11-2-417 provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 22. MR. JON L. BARNES - PROPERTIES WEST, INC. . 8 adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development of the property are determined, and therefore as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 18. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 19. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 20. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexatiori. 21. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 22. The Applicants will be required to connect the property to Meridian water and sewer and resolve how the water and sewer mains will serve the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. MR. JON L. BARNES - PROPERTIES WEST, INC. -8 e 23. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. 24. These conditions shall run with the land and bind the Applicants and their successors in interest, assigns, heirs, executors or personal representatives. 25. With compliance of the conditions contained herein, the annexation and zoning of the property as (I-L) Light Industrial would be in the best interest of the City of Meridian. 26. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City Couftcil of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND VOTED COMMISSIONER MACCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. MR. JON L. BARNES -- PROPERTIES WEST, INC. c. . DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicants or their successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that if the Applicants are not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: ~ .../1-11' DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. MR. JON L. BARNES - PROPERTIES WEST, INC.